Azerbaijan, Baku / Trend corr. К.Zarbaliyeva / The European Court on human rights made decision against Azerbaijan due to violation of property rights.
Plaintiff Valentina Akimova lodged an appeal due to violation property rights in compliance with the Protocol 1 of the Convention on Property Rights Protection and Human Freedom. The internally displaced persons occupied Akimova's apartment. Due to this reason she cannot use apartment for a long time.
Akimova repeatedly appealed to the Azerbaijani degree of jurisdiction. Azerbaijani Appeal Court recognized Akimova's property rights. However, the family will remove from the lodging after liberation of Azerbaijan's occupied Agdam region.
Chingiz Askarov, Azerbaijan's representative in the European Court said to the Trend Agency that European Court recommended correcting the decision by the Azerbaijani Appeal Court. Azerbaijan courts always make decision to release apartments occupied by internally displaced persons, however, the courts' decision cannot be carry out until Azerbaijani territories occupied by Armenian Armed Forces.
According to Askarov, the Supreme Court of Azerbaijan should cancel the decision made by the Appeal Court on 7 April 2005. The family occupied Akimova's apartment should release the lodging.
There are many cases in Azerbaijan when internally displaced persons illegally occupied apartments.
The decision made by the European Court on appeal brought by Akimova would be considered by Azerbaijani courts. "As there was no similar mechanism in the Azerbaijani legislation the decision by European Court cannot be applied to other cases. If the European Court sends similar appeals to Azerbaijani courts then the made violations may be corrected," Askarov said.